MUNIAPPAN Vs. SUNDARAM

JUDGEMENT

(1.) The revision petitioner/decree holder has filed this revision petition against the order dated 06.08.2009 made in E.P.No.36 of 2008 on the file of the Subordiante Court, Rasipuram.

(2.) The revision petitioner/plaintiff has filed a suit in O.S.No.312 of 2005 and sought for the relief of declaration and permanent injunction. The trial Court has passed a decree and judgment dated 02.08.2007 in which, rejected the prayer for declaration, but granted the relief of permanent injunction as against all the respondents/defendants. All the respondents/defendants in the above said suit have not preferred any appeal against the judgment and decree passed by the trial Court.

(3.) The revision petitioner/plaintiff has filed an execution petition in R.E.P.No.36 of 2008 under Order 21, Rule 32 CPC in which, it is stated that the respondents 1 to 4 in the above said execution petition/defendants 1 to 4 have violated the above said decree and judgment and they trespassed into the property and still they are in possession and therefore, prayed for to send civil prison by issuing warrant.